Version No. 001
Crown Proceedings Regulations 2021
S.R. No. 152/2021
Version as at
12 December 2021
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Revocation 1
5 Definition 1
6 Forfeited recognisances 1
7 Breach of bail 2
Form 1—Order forfeiting a recognisance 4
Form 2—Notice to principal and surety of a recognisance forfeited in the absence of the principal 6
Form 3—Application to vary or rescind order in the matter of a forfeited recognisance 8
Form 4—Application for a stay of proceedings pending the determination of an application to vary or rescind a forfeited recognisance 10
Form 5—Warrant to imprison principal for non-payment of money due under a forfeited recognisance 12
Form 6—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance 14
Form 7—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance 16
Form 8—Warrant to imprison surety for want of seizure and sale of property due under a forfeited recognisance 18
Form 9—Notice to police officer executing warrant to imprison against principal or surety of a forfeited recognisance 20
Form 10—Statement under section 5(9A) of the Crown Proceedings Act 1958 in the matter of a forfeited recognisance 21
Form 11—Order forfeiting an undertaking of bail 23
Form 12—Notice to surety of an undertaking of bail forfeited in their absence 25
Form 13—Application to vary or rescind order in the matter of a forfeited undertaking 27
Form 14—Application for a stay of proceedings in the matter of a forfeited undertaking 29
Form 15—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail 31
Form 16—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail 33
Form 17—Warrant to imprison surety for want of seizure and sale of property due under a forfeited undertaking 35
Form 18—Notice to police officer executing warrant to imprison against surety of a forfeited undertaking 37
Form 19—Statement under section 6(10) of the Crown Proceedings Act 1958 in the matter of a forfeited undertaking 38
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Endnotes 40
1 General information 40
2 Table of Amendments 42
3 Amendments Not in Operation 43
4 Explanatory details 44
Version No. 001
Crown Proceedings Regulations 2021
S.R. No. 152/2021
Version as at
12 December 2021
1 Objective
The objective of these Regulations is to prescribe forms to be used under the Crown Proceedings Act 1958.
2 Authorising provisions
These Regulations are made under sections 5(3)(e) and 6(8) of the Crown Proceedings Act 1958.
3 Commencement
These Regulations come into operation on 12 December 2021.
4 Revocation
The Crown Proceedings Regulations 2011[1] are revoked.
5 Definition
In these Regulations, the Act means the Crown Proceedings Act 1958.
6 Forfeited recognisances
(1) For the purposes of section 5(2) of the Act, the prescribed form for an order forfeiting a recognisance is Form 1.
(2) For the purposes of section 5(2A) of the Act, the prescribed form of notice to a principal and surety of a recognisance forfeited in the absence of the principal is Form 2.
(3) For the purposes of section 5(3)(b) of the Act, the prescribed form for an application to vary or rescind an order in the matter of a forfeited recognisance is Form 3.
(4) For the purposes of section 5(3)(d) of the Act, the prescribed form for an application for a stay of proceedings in the matter of a forfeited recognisance is Form 4.
(5) For the purposes of section 5(4) of the Act, the prescribed form for a warrant to imprison for non‑payment of money due under a forfeited recognisance is Form 5.
(6) For the purposes of section 5(5) of the Act—
(a) the prescribed form for a warrant of seizure and sale issued in the Supreme Court or the County Court is Form 6; and
(b) the prescribed form for a warrant of seizure and sale issued in the Magistrates' Court is Form 7; and
(c) the prescribed form for a warrant to imprison a surety is Form 8.
(7) For the purposes of section 5(9A) of the Act—
(a) the prescribed form of notice to a police officer executing a warrant is Form 9; and
(b) the prescribed form of the statement in writing to be delivered to a principal or surety is Form 10.
7 Breach of bail
(1) For the purposes of section 6(2) of the Act, the prescribed form for an order forfeiting an undertaking of bail is Form 11.
(2) For the purposes of section 6(3) of the Act, the prescribed form of notice to a surety of an undertaking of bail forfeited in their absence is Form 12.
(3) For the purposes of section 6(5) of the Act, the prescribed form for an application to vary or rescind an order in the matter of a forfeited undertaking of bail is Form 13.
(4) For the purposes of section 6(7) of the Act, the prescribed form for an application for a stay of proceedings in the matter of a forfeited undertaking of bail is Form 14.
(5) For the purposes of section 6(9) of the Act—
(a) the prescribed form for a warrant of seizure and sale issued in the Supreme Court or the County Court is Form 15; and
(b) the prescribed form for a warrant of seizure and sale issued in the Magistrates' Court is Form 16; and
(c) the prescribed form for a warrant to imprison a surety is Form 17.
(6) For the purposes of section 6(10) of the Act—
(a) the prescribed form of notice to a police officer executing a warrant is Form 18; and
(b) the prescribed form of the statement in writing to be delivered to a surety is Form 19.
Form 1—Order forfeiting a recognisance
Regulation 6(1)
Order Forfeiting a Recognisance
(section 5(2) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
On [date] the principal/*and surety entered a recognisance for $[amount].
The conditions of the recognisance were—
[set out details]
The principal has failed to observe a condition of the recognisance. The Court therefore declares the recognisance forfeited and orders—
*that—
(a) the principal pay the amount of $[amount] to the proper officer of the Court at [venue]
*immediately
*within [period of time] after the date of this order; and
(b) in default of payment of the amount in accordance with this order, the principal be imprisoned for the term of [period of time].
*that—
(a) the surety pay the amount of $[amount] to the proper officer of the Court at [venue]
*immediately
*within [period of time] after the date of this order; and
(b) in default of payment of the amount in accordance with this order, the amount be obtained by seizing and selling the property of the surety; and
(c) in default of seizure and sale of property, in whole or in part, the surety be imprisoned for the term of [period of time].
Date: [date]
[signature of judge or magistrate]
*Judge/*Magistrate
*Delete if inapplicable
Form 2—Notice to principal and surety of a recognisance forfeited in the absence of the principal
Regulation 6(2)
Notice to principal and surety of a Recognisance Forfeited in the Absence of the principal
(section 5(2A) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE COURT ORDER
To the *principal/*surety.
On [date] in the *Supreme/*County/*Magistrates' Court at [venue] the *principal/*surety entered a recognisance in the amount of $[amount].
The conditions of the recognisance were—
[set out details]
*The recognisance was extended to [date].
As the principal failed to observe a condition of the recognisance, the Court on [date] declared the recognisance forfeited and ordered—
*that—
(a) the principal pay the amount of $[amount] to the proper officer of the Court at [venue]
*immediately
*within [period of time] after the date of the order; and
(b) in default of payment of the amount in accordance with the order, the principal be imprisoned for the term of [period of time].
*that—
(a) the surety pay the amount of $[amount] to the proper officer of the Court at [venue]
*immediately
*within [period of time] after the date of the order; and
(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizing and selling the property of the surety; and
(c) in default of seizure and sale of property, in whole or in part, the surety be imprisoned for the term of [period of time].
YOU HAVE 28 DAYS FROM THE DATE OF THE ORDER IN WHICH TO PAY THE AMOUNT DUE UNDER THE ORDER, OR TO OBTAIN AN INSTALMENT ORDER, OR TO APPLY TO VARY OR RESCIND THE ORDER
TAKE NOTICE—
*a warrant to imprison
*a warrant of seizure and sale
*a warrant to seize property
will issue after the expiration of 28 days after the date of the order unless—
(a) the amount due under the order is paid; or
(b) an order is made for the payment of the amount by instalments; or
(c) within 28 days from receipt of this notice, application to vary or rescind the order is made to the court where the recognisance was forfeited.
[signature of proper officer of the court]
Proper officer of the Court
Date: [date]
*Delete if inapplicable
Form 3—Application to vary or rescind order in the matter of a forfeited recognisance
Regulation 6(3)
Application to Vary or Rescind Order in the Matter of a Forfeited Recognisance
(section 5(3)(b) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE COURT ORDER
On [date] the principal/*and surety entered a recognisance in the amount of $[amount].
The conditions of the recognisance were—
[set out details]
As the principal failed to observe a condition of the recognisance, the Court on [date] declared the recognisance forfeited and ordered—
*that—
(a) I, [full name of principal] of [address] pay the amount of $[amount] to the proper officer of the Court
*immediately
*within [period of time] after the date of the order; and
(b) in default of payment of the amount in accordance with the order, I be imprisoned for the term of [period of time].
*that—
(a) I, [full name of surety] of [address] pay the amount of $[amount] to the proper officer of the Court
*immediately
*within [period of time] after the date of the order; and
(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizure and sale of my property; and
(c) in default of the amount being obtained by seizure and sale of my property, I be imprisoned for the term of [period of time].
APPLICATION to vary or rescind order
Under section 5(3)(a) of the Crown Proceedings Act 1958 I apply for an order to vary or rescind the order on the ground that it would be unjust to require me to pay the amount of the recognisance, and I give notice that I intend to apply to the *Supreme/*County/*Magistrates' Court
on [date] at [time].
The reasons for my application are—
[set out details]
Date: [date]
[signature of applicant]
Applicant
To the proper officer of the court at [venue] and to
*the Director of Public Prosecutions
*the informant or complainant
*Delete if inapplicable
Form 4—Application for a stay of proceedings pending the determination of an application to vary or rescind a forfeited recognisance
Regulation 6(4)
Application for a Stay of Proceedings Pending the Determination of an Application to Vary or Rescind a Forfeited Recognisance
(section 5(3)(d) of the Crown Proceedings Act 1958)
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE COURT ORDER
The order declaring the recognisance forfeited was made at the *Supreme/*County/*Magistrates' Court at [venue] on [date].
DETAILS OF THE APPLICATION to vary or rescind order
The application to vary or rescind the order was lodged with the *Supreme/*County/*Magistrates' Court at [venue] on [date].
APPLICATION FOR STAY OF PROCEEDINGS
I, [full name]
of [address]
apply to the *Supreme/*County/*Magistrates' Court at [venue] for a stay of proceedings pending the hearing of my application to vary or rescind the order which declared a recognisance forfeited.
This application is ex parte (without notice).
[signature of applicant]
Applicant
ORDER
Pending determination of the application of the *principal/*surety to vary or rescind the order declaring the recognisance forfeited, it is ordered that proceedings against the *principal/*surety be stayed and it is directed that—
*any warrant issued in the case must be returned unexecuted.
*the issue or execution of any warrant be stayed pending the determination of the application.
Date: [date]
[signature of judge or magistrate]
*Judge/*Magistrate
This document is to be filed with the court which declared the recognisance forfeited immediately after the order has been signed.
*Delete if inapplicable
Form 5—Warrant to imprison principal for non-payment of money due under a forfeited recognisance
Regulation 6(5)
Warrant to Imprison principal for Non‑Payment of Money due under a Forfeited Recognisance
(section 5(4) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE COURT order
On [date] the principal/*and surety entered into a recognisance in the amount of $[amount].
The conditions of the recognisance were—
[set out details]
As the principal failed to observe a condition of the recognisance, the *Supreme/*County/*Magistrates' Court at [venue] on [date] declared the recognisance forfeited and ordered the principal to pay the amount of $[amount].
The principal has not paid the amount as ordered.
AUTHORITY AND DIRECTIONS
To all police officers:
You are to demand payment of the amount of recognisance forfeited from the principal. If this amount is paid you must send it immediately to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.
If the amount is not paid:
You are authorised to break, enter and search any place where the principal is suspected to be and to take and safely convey the principal to the prison at [venue] or any other prison that is more accessible or more convenient and deliver the principal to the officer in charge of the prison with this warrant.
To the officer in charge of the prison at [venue] or any other prison that is more accessible or more convenient—
You are directed and authorised to receive the principal into your custody and safely keep that person in prison for [period of time] unless the principal is otherwise removed or discharged from custody by due course of law.
If the amount of recognisance forfeited is paid you are to release the principal and immediately send the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.
Issued by:
[signature of prothonotary or registrar]
*Prothonotary/*Registrar
Date: [date]
*Delete if inapplicable
Form 6—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance
Regulation 6(6)(a)
Warrant of Seizure and Sale of surety's Property for Money due under a Forfeited Recognisance
(section 5(5) of the Crown Proceedings Act 1958)
In the *Supreme/*County Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE court order
On [date] the principal and surety entered a recognisance in the amount of $[amount].
The conditions of the recognisance were—
[set out details]
The principal failed to observe a condition of the recognisance and the *Supreme/*County Court at [venue] declared the recognisance forfeited and ordered on [date] that the surety pay the amount of $[amount].
WARRANT
To *all police officers/*the Sheriff
The surety has not paid the amount as ordered.
You are directed and authorised to:
-
Seize the personal property of the surety.
-
Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.
-
*[if warrant is executed by a police officer] Pay all money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.
*[if warrant is executed by the Sheriff] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.
You or your officers must endorse details of execution on this warrant.
Issued at: [venue]
Issued by:
[signature of prothonotary or registrar]
*Prothonotary/*Registrar
Date: [date]
*Delete if inapplicable
Form 7—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance
Regulation 6(6)(b)
Warrant of Seizure and Sale of surety's Property for Money Due Under a Forfeited Recognisance
(section 5(5) of the Crown Proceedings Act 1958)
In the Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE court order
On [date] the principal and surety entered a recognisance in the amount
of $[amount].
The conditions of the recognisance were—
[set out details]
The principal failed to observe a condition of the recognisance and the Magistrates' Court at [venue] declared the recognisance forfeited and ordered on [date] that the surety pay the amount of $[amount].
WARRANT
To *all police officers/*the Sheriff
The surety has not paid the amount as ordered.
You are directed and authorised to:
-
Seize the personal property of the surety.
-
Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.
-
*[if warrant is executed by a police officer] Pay all money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.
*[if warrant is executed by the Sheriff] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.
You or your officers must endorse details of execution on this warrant.
Issued at: [venue]
Issued by:
[signature of registrar]
Registrar
Date: [date]
*Delete if inapplicable
Form 8—Warrant to imprison surety for want of seizure and sale of property due under a forfeited recognisance
Regulation 6(6)(c)
Warrant to Imprison surety for want of Seizure and Sale of Property due under a Forfeited Recognisance
(section 5(5) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE court order
On [date] the principal and surety entered into a recognisance in the amount of $[amount].
The conditions of the recognisance were—
[set out details]
As the principal failed to observe a condition of the recognisance, the *Supreme/*County/*Magistrates' Court at [venue] on [date] declared the recognisance forfeited and ordered the surety to pay the amount of $[amount].
The surety has not paid the amount as ordered and no sufficient property has been obtained by seizing and selling property.
AUTHORITY AND DIRECTIONS
To all police officers:
You are to demand payment of the amount of recognisance forfeited from the surety. If this amount is paid you must send it immediately to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.
If the amount is not paid:
You are authorised to break, enter and search any place where the surety is suspected to be and to take and safely convey the surety to the prison at [venue] or any other prison that is more accessible or more convenient and deliver the surety to the officer in charge of the prison with this warrant.
To the officer in charge of the prison at [venue] or any other prison that is more accessible or more convenient—
You are directed and authorised to receive the surety into your custody and safely keep that person in prison for [period of time] unless the surety is otherwise removed or discharged from custody by due course of law.
If the amount of recognisance forfeited is paid you are to release the surety and immediately send the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.
Issued at: [venue]
Issued by:
[signature of prothonotary or registrar]
*Prothonotary/*Registrar
Date: [date]
*Delete if inapplicable
Form 9—Notice to police officer executing warrant to imprison against principal or surety of a forfeited recognisance
Regulation 6(7)(a)
Notice to Police OFFICER Executing Warrant to Imprison Against principal or surety of a Forfeited Recognisance
(section 5(9A) of the Crown Proceedings Act 1958)
To the police officer executing the attached warrant to imprison.
Take notice—
Before the execution of this warrant you are required to deliver to the person liable to be imprisoned the attached "Statement under section 5(9A) of the Crown Proceedings Act 1958 in the matter of a forfeited recognisance".
You must allow the person reasonable time and opportunity to make an application to vary or rescind the order of forfeiture should they so desire.
[signature of prothonotary or registrar]
*Prothonotary/*Registrar
Date: [date]
*Delete if inapplicable
Form 10—Statement under section 5(9A) of the Crown Proceedings Act 1958 in the matter of a forfeited recognisance
Regulation 6(7)(b)
Statement under Section 5(9A) of the Crown Proceedings Act 1958 in the Matter of a Forfeited Recognisance
(section 5(9A) of the Crown Proceedings Act 1958)
Principal [full name]
[address]
Surety [full name]
[address]
To the *principal/*surety
On [date] the *Supreme/*County/*Magistrates' Court at [venue] declared forfeited the recognisance entered by you and ordered that you pay the amount of $[amount] to the proper officer of the Court at [venue] *immediately/*within [period of time].
You have failed to comply with the order and a warrant to imprison is in the possession of the police officer who has delivered this statement to you. The warrant requires that you go to prison unless you pay the amount specified in the warrant. However, the police officer must give you reasonable time and opportunity, should you so desire, to make an application to vary or rescind the order.
Take notice—
The provisions relating to an application to vary or rescind the forfeiture order are contained in section 5(3) of the Crown Proceedings Act 1958, which provides—
- If a recognisance has been forfeited, any principal or surety may apply to vary or rescind the forfeiture order—
(a) if you were present in court when the order was made—within 28 days after the making of the order;
(b) if you were not present in court when the order was made—within 28 days after the order first comes to your notice.
-
An application to vary or rescind a forfeiture order must be made to the court that made the order.
-
An application to vary or rescind a forfeiture order must be in writing in the prescribed form and signed by the applicant and must set out the grounds. The application is to be lodged with the proper officer of the court where the application is to be heard within a reasonable time before the hearing.
-
Not less than 28 days before the hearing the applicant must serve or cause to be served personally or by post a true copy of the application—
(a) on the informant or complainant; or
(b) in the case of an indictment—on the Director of Public Prosecutions.
- At any time after the lodging of the application, the applicant may apply ex parte (without notice) to a court for a stay of proceedings in the matter, and the court may direct the return of any warrant unexecuted or may stay the issue or execution of any warrant pending the determination of the application.
Do Not Ignore this Notice
If you do not understand this notice, you should get someone to interpret it for you immediately.
Seek legal advice.
A legal practitioner can help you decide what steps you need to take.
For free legal information or to speak to a legal practitioner call:
Victoria Legal Aid [insert telephone number]
Victorian Aboriginal Legal Service [insert telephone number]
*Delete if inapplicable
Form 11—Order forfeiting an undertaking of bail
Regulation 7(1)
Order Forfeiting an Undertaking of Bail
(section 6(1A) and (2) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
On [date] the principal/*and surety signed an undertaking of bail requiring the attendance of the principal at the *Supreme/*County/*Magistrates' Court at [venue] on [date].
*The undertaking was extended to [date].
The principal has failed to observe a condition of the undertaking.
The Court therefore declares bail forfeited and orders—
*that the money deposited by the principal be forfeited and the amount of the bail, being $[amount], be paid to the proper officer of the Court at [venue].
*that—
(a) the surety pay the amount of $[amount] to the proper officer of the Court at [venue]
*immediately
*within [period of time] after the date of this order; and
(b) in default of payment of the amount in accordance with this order, the amount be obtained by seizing and selling the property of the surety; and
(c) in default of seizure and sale of property, in whole or in part, the surety be imprisoned for the term of [period of time].
[If the surety has lodged cash:]
In accordance with section 9(3)(a) of the Bail Act 1977 the surety has lodged in cash the amount of the bail, being $[amount].
The Court further orders that the cash lodged be forfeited and the amount of the bail be paid to the proper officer of the Court at [venue].
[signature of judge or magistrate]
*Judge/*Magistrate
Date: [date]
*Delete if inapplicable
Form 12—Notice to surety of an undertaking of bail forfeited in their absence
Regulation 7(2)
Notice to surety of an Undertaking of Bail Forfeited in THEIR Absence
(section 6(3) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
To the surety.
On [date] you signed an undertaking of bail requiring the attendance of the principal at the *Supreme/*County/*Magistrates' Court at [venue] on [date].
*The undertaking was extended to [date].
-
You lodged in cash the amount of the bail, being $[amount].
-
You lodged evidence of ownership and value of property to the amount of the bail, being $[amount].
The principal has failed to observe a condition of the undertaking.
The Court on [date] declared bail forfeited and ordered—
*that—
(a) you as surety pay the amount of $ [amount] to the proper officer of the Court at [venue]
*immediately
*within [period of time] after the date of this order; and
(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizure and sale of your property; and
(c) in default of seizure and sale of your property, in whole or in part, you be imprisoned for the term of [period of time].
*further that the cash lodged by you be forfeited and the amount of the bail be paid to the proper officer of the Court at [venue].
YOU HAVE 28 DAYS FROM THE DATE OF THE ORDER IN WHICH TO PAY THE AMOUNT DUE UNDER THE ORDER, OR TO OBTAIN AN INSTALMENT ORDER, OR TO APPLY TO VARY OR RESCIND THE ORDER
Take notice—
*a warrant of seizure and sale
*a warrant to seize property
will issue after the expiration of 28 days after the date of the order unless—
(a) the amount due under the order is paid; or
(b) an order is made for the payment of the amount by instalments; or
(c) within 28 days from receipt of this notice, application to vary or rescind the order is made to the court where bail was forfeited.
[signature of proper officer of the Court]
Proper officer of the Court
Date:
*Delete if inapplicable
Form 13—Application to vary or rescind order in the matter of a forfeited undertaking
Regulation 7(3)
Application to Vary or Rescind Order in the Matter of a Forfeited Undertaking
(section 6(5) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE COURT ORDER
On [date] the principal and surety signed an undertaking of bail requiring the attendance of the principal at the *Supreme/*County/*Magistrates' Court at [venue] on [date].
As the principal failed to observe a condition of the undertaking, the Court on [date] declared bail forfeited and ordered that—
(a) I, the surety, pay the amount of $[amount] to the proper officer of the *Supreme/*County/*Magistrates' Court at [venue]
*immediately
*within [period of time] after the date of the order; and
(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizure and sale of my property; and
(c) in default of the amount being obtained by seizure and sale of my property, I be imprisoned for the term of [period of time].
APPLICATION to vary or rescind order
Under section 6(4) of the Crown Proceedings Act 1958 I apply for an order to vary or rescind the order on the ground that it would be unjust to require me to pay the amount undertaken to be paid. I give notice that I intend to apply to the *Supreme/*County/*Magistrates' Court at [venue] on [date] at [time].
The reasons for my application are—
[give details]
Date: [date]
[signature of applicant]
Applicant
To the proper officer of the Court at [venue]
and to
*the Director of Public Prosecutions
*the informant or complainant
*the officer in charge of the police station at [venue]
*Delete if inapplicable
Form 14—Application for a stay of proceedings in the matter of a forfeited undertaking
Regulation 7(4)
Application for a Stay of Proceedings in the Matter of a Forfeited Undertaking
(section 6(7) of the Crown Proceedings Act 1958)
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE court order
The order declaring the undertaking forfeited was made by the *Supreme/*County/*Magistrates' Court at [venue] on [date].
DETAILS OF THE APPLICATION to vary or rescind order
The application to vary or rescind the order was lodged with the *Supreme/*County/*Magistrates' Court at [venue] on [date].
APPLICATION FOR STAY OF PROCEEDINGS
I, the surety
of [address]
apply to the *Supreme/*County/*Magistrates' Court at [venue] for a stay of proceedings pending the hearing of my application to vary or rescind the order which declared the undertaking forfeited.
This application is ex parte (without notice).
[signature of surety]
ORDER
Pending determination of the application of the surety to vary or rescind the order declaring the undertaking forfeited, it is ordered that proceedings against the surety be stayed and it is directed that—
Date: [date]
[signature of judge or magistrate]
*Judge/*Magistrate
This document is to be filed with the court which declared the undertaking forfeited immediately after the order has been signed.
*Delete if inapplicable
Form 15—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail
Regulation 7(5)(a)
Warrant of Seizure and Sale of surety's Property for Money Due under a Forfeited Undertaking of Bail
(section 6(9) of the Crown Proceedings Act 1958)
In the *Supreme/*County Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE court order
On [date] the principal and surety signed an undertaking of bail. The conditions of the undertaking were—
[set out details]
The principal failed to observe a condition of the undertaking and the *Supreme/*County Court at [venue] declared the bail forfeited and ordered on [date] that the surety pay the amount of $[amount].
WARRANT
To *all police officers/*the Sheriff
The surety has not paid the amount as ordered.
You are directed and authorised to:
-
Seize the personal property of the surety.
-
Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.
-
*[if warrant is executed by a police officer] Pay all money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.
*[if warrant is executed by the Sheriff] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.
You or your officers must endorse details of execution on this warrant.
Issued at: [venue]
Issued by:
[signature of prothonotary or registrar]
*Prothonotary/*Registrar
Date: [date]
*Delete if inapplicable
Form 16—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail
Regulation 7(5)(b)
Warrant of Seizure and Sale of surety's Property for Money Due under a Forfeited Undertaking of Bail
(section 6(9) of the Crown Proceedings Act 1958)
In the Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE court order
On [date] the principal and surety signed an undertaking of bail. The conditions of the undertaking were—
[set out details]
The principal failed to observe a condition of the undertaking and the Magistrates' Court at [venue] declared the bail forfeited and ordered on [date] that the surety pay the amount of $[amount].
WARRANT
To *all police officers/*the Sheriff
The surety has not paid the amount as ordered.
You are directed and authorised to:
-
Seize the personal property of the surety.
-
Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.
-
*[if warrant is executed by a police officer] Pay all money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.
*[if warrant is executed by the Sheriff] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.
You or your officers must endorse details of execution on this warrant.
Issued at: [venue]
Issued by:
[signature of registrar]
Registrar
Date: [date]
*Delete if inapplicable
Form 17—Warrant to imprison surety for want of seizure and sale of property due under a forfeited undertaking
Regulation 7(5)(c)
Warrant to Imprison surety for Want of Seizure and Sale of Property Due under a Forfeited Undertaking
(section 6(9) of the Crown Proceedings Act 1958)
In the *Supreme/*County/*Magistrates' Court of
Victoria at [venue] Court Reference: [reference number]
Principal [full name]
[address]
Surety [full name]
[address]
DETAILS OF THE court order
On [date] the principal and surety signed an undertaking of bail. The conditions of the undertaking were—
[set out details]
As the principal failed to observe a condition of the undertaking, the *Supreme/*County/*Magistrates' Court at [venue] on [date] declared bail forfeited and ordered the surety to pay the amount of $[amount].
The surety has not paid the amount as ordered and no sufficient property has been obtained by seizing and selling property.
AUTHORITY AND DIRECTIONS
To all police officers:
You are to demand payment of the amount forfeited from the surety. If this amount is paid you must send it immediately to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.
If the amount is not paid:
You are authorised to break, enter and search any place where the surety is suspected to be and are directed and authorised, unless the amount is sooner paid to you, to take and safely convey the surety to the prison at [venue] or any other prison that is more accessible or more convenient and deliver the surety to the officer in charge of that prison with this warrant.
To the officer in charge of the prison at [venue] or any other prison that is more accessible or more convenient—
You are directed and authorised to receive the surety into your custody and safely keep them in prison for [period of time] unless the surety is otherwise removed or discharged from custody by due course of law.
If the amount of the undertaking forfeited is paid you are to release the surety and immediately send the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.
Issued at: [venue]
Issued by:
[signature of prothonotary or registrar]
*Prothonotary/*Registrar
Date: [date]
*Delete if inapplicable
Form 18—Notice to police officer executing warrant to imprison against surety of a forfeited undertaking
Regulation 7(6)(a)
Notice to Police officer Executing Warrant to Imprison Against surety of a Forfeited Undertaking
(section 6(10) of the Crown Proceedings Act 1958)
To the police officer executing the attached warrant to imprison.
Take notice—
Before the execution of this warrant you are required to deliver to the person liable to be imprisoned the attached "Statement under section 6(10) of the Crown Proceedings Act 1958 in the matter of a forfeited undertaking".
You must allow the person reasonable time and opportunity to make an application to vary or rescind the order of forfeiture should they so desire.
Issued at: [venue]
Issued by:
[signature of prothonotary or registrar]
*Prothonotary/*Registrar
Date: [date]
*Delete if inapplicable
Form 19—Statement under section 6(10) of the Crown Proceedings Act 1958 in the matter of a forfeited undertaking
Regulation 7(6)(b)
Statement under Section 6(10) of the Crown Proceedings Act 1958 in the Matter of a Forfeited Undertaking
(section 6(10) of the Crown Proceedings Act 1958)
Principal [full name]
[address]
Surety [full name]
[address]
To the surety.
On [date] the *Supreme/*County/*Magistrates' Court at [venue] declared forfeited the undertaking of bail signed by you and ordered that you pay the amount of $[amount] to the proper officer of the Court at [venue] *immediately/*within [period of time].
You have failed to comply with the order and a warrant to imprison is in the possession of the police officer who has delivered this statement to you. The warrant requires that you go to prison unless you pay the amount specified in the warrant. However, the police officer must give you reasonable time and opportunity, should you so desire, to make an application to vary or rescind the order.
Take notice—
The provisions relating to the application to vary or rescind the forfeiture order are contained in section 6(4) to (7) of the Crown Proceedings Act 1958, which provides—
- If bail is declared to be forfeited, any surety may apply to vary or rescind the forfeiture order—
(a) if you were present in court when the order was made—within 28 days after the making of the order;
(b) if you were not present in court when the order was made—within 28 days after the order first comes to your notice.
-
An application to vary or rescind a forfeiture order must be made to the court that made the order.
-
An application to vary or rescind a forfeiture order must be in writing in the prescribed form signed by the applicant and must set out the grounds. The application is to be lodged with the proper officer of the court where the application is to be heard within a reasonable time before the hearing.
-
Not less than 28 days before the hearing the applicant must serve or cause to be served personally or by post a true copy of the application—
(a) on the informant or complainant; or
(b) if the informant is a police officer—on the officer in charge of the police station nearest to the court where the application is to be heard; or
(c) in the case of an indictment or an appeal—on the Director of Public Prosecutions.
- At any time after the lodging of the application, the applicant may apply ex parte (without notice) to a court for a stay of proceedings in the matter, and the court may direct the return of any warrant unexecuted or may stay the issue or execution of a warrant pending the determination of the application.
Do Not Ignore this Notice
If you do not understand this notice, you should get someone to interpret it for you immediately.
Seek legal advice.
A legal practitioner can help you decide what steps you need to take.
For free legal information or to speak to a legal practitioner call:
Victoria Legal Aid [insert telephone number]
Victorian Aboriginal Legal Service [insert telephone number]
*Delete if inapplicable
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Crown Proceedings Regulations 2021, S.R. No. 152/2021 were made on 7 December 2021 by the Governor in Council under sections 5(3)(e) and 6(8) of the Crown Proceedings Act 1958, No. 6232/1958 and came into operation on 12 December 2021: regulation 3.
The Crown Proceedings Regulations 2021 will sunset 10 years after the day of making on 7 December 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Crown Proceedings Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
- Reg. 4: S.R. No. 151/2011. ↑